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HomeMy WebLinkAboutECHDA13-001 Funding PartnersAGREEMENT TO ADMINISTER RESIDENTIAL DOWN PAYMENT ASSISTANCE PROGRAMS THIS AGREEMENT to administer residential down payment assistance programs ( "Agreement "), dated for reference purposes on this d "'flay of — 20 1'5, is made and entered into by and between the EAGLE COUNTY HOUSING AND DEVEY OPMENT AUTHORITY, ( "AUTHORITY "), a body corporate and politic, and FUNDING PARTNERS FOR HOUSING SOLUTIONS, INC., ( "FP "), a Colorado not - for -profit corporation. RECITALS WHEREAS, Eagle County Government ( "County ") has created programs for providing down payment assistance loans to residents of Eagle County wishing to purchase housing in Eagle County ( "Program "); and WHEREAS, County has received a grant for the Program from Community Development Block Grant funds and has entered into a grant contract with the Colorado Department of Local Affairs, Division of Housing for such grant and has established the CDOH Down Payment Assistance Fund ( " "CDOH" ) with this grant; and WHEREAS, by IGA dated February 22, 2011, County delegated the management and administration of the Program to the AUTHORITY so that all down payment assistance loans under the Program after January 1, 2011 have been and will be made and administered by the AUTHORITY; and WHEREAS, AUTHORITY has funds from other sources for use in the Program, including paybacks from previous Program loans and grants from private parties, the Eagle County Loan Fund ( "ECLF ") and Eagle County Employee Home Ownership Program ( "EHOP "); and WHEREAS, FP has special expertise in administering housing assistance programs, including down payment assistance programs like the Program, and is experienced in administering such programs in compliance with federal and state laws applicable to grant recipients, including laws applicable to Community Development Block Grants; and WHEREAS, AUTHORITY desires FP to administer the Program and FP is willing to do so, and both parties desire to set forth herein the terms upon which FP will do that, TERMS AND CONDITIONS NOW, THEREFORE, for and in consideration of the monies to be received, the covenants and conditions set forth herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows: 1. SCOPE OF SERVICES. FP shall provide all labor, services, equipment and materials reasonably necessary to administer the Programs in accordance with the terms, conditions and other provisions of this Agreement, and of the agreements providing funding for the Programs. Without limiting the foregoing, FP shall expeditiously perform and carry out, in a satisfactory and proper manner, the "Scope of Services" as described and set forth in Exhibit 1, further described within the Program Criteria, set forth as Exhibit 3, both of which are attached hereto and made a part hereof by this reference; and FP shall timely perform those obligations of AUTHORITY and such other grants and loans which AUTHORITY may obtain during the Term of this Agreement. For purposes of this paragraph only, notwithstanding anything to the contrary stated elsewhere in this Agreement, this Agreement may be amended by AUTHORITY giving notice in writing to FP identifying additional grant, loan and other agreements that AUTHORITY may enter into to fund the Programs and such amendment shall become effective twenty -one (21) calendar days after such notice or upon FP's acceptance of funds originating from those additional sources, unless FP within that time gives written notice to AUTHORITY that it declines to perform the obligations contained in those additional grants, loans and other agreements. 2. PROJECT PAYMENTS. a. CDOH Fund: The AUTHORITY shall provide an amount to FP, which shall be used solely for Program loans originated from the CDOH Fund. This amount shall be kept separate from all other Eagle County funds in a non - interest bearing account compliant with the Public Depository Protection Act. As FP receives payments on CDOH loans, these funds shall be deposited to the same non - interest bearing account. New CDOH loans shall be funded first from this account. When the account becomes depleted, no further CDOH loans will be made. All loans funded from the CDOH Fund shall be funded according to the terms of the Grant Contract between the AUTHORITY and the Colorado Department of Local Affairs attached hereto as Exhibit 2. b. Eagle County Loan Fund: The AUTHORITY shall provide an amount to FP, which shall be used solely for Program loans originated from the Eagle County Loan Fund. This amount shall be kept separate from all other Eagle County funds in an interest bearing account compliant with the Public Depository Protection Act. As FP receives payments on Eagle County Loan Fund loans, these funds shall be deposited to the same interest bearing account. New Eagle County Loan Fund loans shall be funded first fron. this Page 1 Funding Partners for Housing Solutions, Inc. 03/04/2013 si account. When the account becomes depleted, no Eagle County Loan Fund loans shall be funded until notification from the AUTHORITY to FP that additional funds have been allocated. C. Eagle County Employee Home Ownership Program (EHOP) Fund: The AUTHORITY shall provide an amount to FP, which shall be used solely for Program loans originated from the Eagle County Employee Home Ownership Program. This amount shall be kept separate from all other Eagle County funds in an interest bearing account compliant with the Public Depository Protection Act. As FP receives payments on EHOP loans, these funds shall be deposited to the same interest bearing account. New EHOP loans shall be funded first from this account. When the account becomes depleted, no EHOP loans shall be funded until notification from the AUTHORITY to FP that additional funds have been allocated. d. FP shall be compensated for its services by the following: FP shall assess a one -time Application Fee at the time of loan settlement according to the schedule attached as Exhibit 7. Such charge may be paid by the borrower, the AUTHORITY, a third party, or combination thereof. Application Fee may be adjusted from time to time, as dictated by various factors, upon written agreement to modify such fee by the AUTHORITY and FP. FP shall assess the AUTHORITY an annual fee of 1% of their outstanding loan portfolios, not to exceed $2,500.00 for the ongoing costs of servicing their loan portfolios. The annual fee will be assessed on the loan portfolio balance as of December 31st of each year and billed to AUTHORITY in January of the following year. e. Under no circumstances shall the AUTHORITY be liable for the payment of any costs of performing the scope of services for which FP is responsible. 3. PERIOD OF PERFORMANCE. The period of performance of this Agreement shall begin upon execution of the agreement and continue for a term of three (3) years, provided that the term of this Agreement and all provisions herein shall extend to and cover any additional time period during which FP remains in control of AUTHORITY's funds or other assets. This Agreement may be renewed upon written agreement of the parties. AUTHORITY shall have the right to terminate this Agreement if FP fails to substantially adhere to the Scope of Services set forth in Exhibit 1, and otherwise in accordance with the terms of this Agreement. FP shall have the right to terminate this Agreement if AUTHORITY fails to substantially adhere to its responsibilities set forth in Exhibit 1, and otherwise in accordance with the terms of this Agreement. 4. CONTROL OF FUNDS. In administering funds delivered to FP by AUTHORITY and funds received by FP from program borrowers, FP shall be acting as agent for AUTHORITY, and subject to AUTHORITY's instructions, determined at AUTHORITY's sole discretion. AUTHORITY, in its sole discretion may change Program Criteria by written notice to FP. All such funds shall be used only for the benefit of AUTHORITY in accordance with the terms of this Agreement. 5. ACTIVITY RESPONSIBILITY AND REPRESENTATIVES. All applicable invoices, statements, notices, inquiries, and replies shall be addressed and served upon respective representatives at the addresses below. The following individuals are designated for the purposes of this Agreement as representatives of AUTHORITY and FP (or their successors or assigns) respectively: AUTHORITY: Jill Klosterman Executive Director EAGLE COUNTY HOUSING AND DEVELOPMENT AUTHORITY P.O. Box 850 Eagle, CO 81631 Tel. 970 - 328 -8773 Fax 970 - 328 -8782 Email: jill.klosterman @eaglecounty.us FP: Joe Rowan Executive Director Funding Partners for Housing Solutions, Inc. 330 S. College Avenue, Suite 400 Fort Collins, CO 80524 Tel. (970) 494.2021 Fax (970) 494.2022 E -Mail: joe @fundingpartners.org The parties may change their representatives at any time by written notice to the other party. 6. INSURANCE. FP shall procure and maintain commercial general liability insurance, on a comprehensive form, in the amount of at least $1,000,000 per occurrence and $2,000,000 general aggregate at its own expense during the life of this Agreement, which affords coverage for all bodily injury, including death, and all claims for destruction of or damage to property and personal injury arising out of or in connection with any operations or services performed under this Agreement. FP shall furnish Page 2 Funding Partners for Housing Solutions, Inc. 03/04/2013 AUTHORITY with certificates of insurance giving evidence of such coverages and containing a provision that the AUTHORITY shall be given thirty (30) days written notice of cancellation or material change of coverage. The certificates shall be filed within ten (10) days following execution of this Agreement. 7. WORKER'S COMPENSATION INSURANCE. FP shall procure and maintain Worker's Compensation Insurance and Unemployment Compensation Insurance with the Colorado statutory limits at its own expense and as required by law. FP shall also procure and maintain Employer's Liability coverage in amount at least equal to the minimum coverage thresholds required under State of Colorado regulation(s). All volunteers used by FP in the performance of this Agreement must be covered under FP's Worker's Compensation Insurance or covered under a Medical, Accident, Death or Dismemberment Policy with limits of not less than the prescribed amount. FP shall furnish AUTHORITY with certificates of insurance giving evidence of such coverages and containing a provision that AUTHORITY shall be given thirty (30) days written notice of cancellation or material change of coverage. The certificates shall be filed within ten (10) days following execution of this Agreement. 8. INDEPENDENT CONTRACTOR. In performing this Agreement, FP acts as an independent contractor responsible for calculating, withholding, and paying all Federal and State taxes and for obtaining necessary and adequate worker's compensation insurance, general liability insurance and any other insurance required under this Agreement. FP employees are not and shall not become employees, agents or servants of AUTHORITY hereunder. FP and FP employees are not entitled to unemployment insurance benefits unless unemployment compensation coverage is provided by FP or some other entity, and FP is obligated to pay Federal and State income tax on any monies paid pursuant to this Agreement. 9. INDEMNIFICATION. FP agrees to and does indemnify and hold AUTHORITY, its agents and employees, harmless from and against any and all claims, losses, damages, injuries and expenses (including attorney's fees) related to or arising out of the performance of this Agreement by AUTHORITY or FP due to the intentional or negligent acts or omissions of FP, its subcontractors, officers, employees and agents, in the performance of this Agreement. This indemnification shall survive completion of the Scope of Services and termination of this Agreement. Nothing herein shall be construed as a waiver of defenses or immunities available to AUTHORITY under the Governmental Immunity Act. 10. COMPLIANCE WITH LOCAL, STATE AND FEDERAL LAWS. FP specifically agrees to comply in the performance hereof with all of the requirements set forth within local, state and federal ordinances, codes, laws, rules, regulations, orders and guidelines that are referred to herein and applicable to the Scope of Services or that may be or become applicable to the Scope of Services even though not stated herein. The following federal regulations are attached to this Agreement and are also incorporated into this Agreement by reference as Exhibits 4, 5 and 6 respectively: OMB Circular A -110, "Uniform Administration Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non -Profit Organizations "; OMB Circular A -122 "Cost Principals for Non Profit Organizations "; and OMB Circular A -133 "Audits of Institutions of Higher Education and Other Nonprofit Institutions ". 11. PERFORMANCE REPORTS AND RECORDS. a. FP shall prepare and submit to AUTHORITY monthly a detailed Performance Report no later than fifteen (15) days after the end of each month. Said report shall be in a format approved by AUTHORITY and shall be directly related to the Scope of Services. The contents of the report shall provide data and information to AUTHORITY to be used for coordinating, monitoring and evaluating the Scope of Services to its completion. Failure to submit these reports shall constitute a material breach of this Agreement. b. All or some of the grants, loans and other agreements providing funding for the Programs require periodic reporting to or made available for inspection by the funding source. FP shall prepare all such reports and copies shall be sent directly to the funding source and AUTHORITY. If those reports provide the information required by AUTHORITY pursuant to subparagraph `a' hereof, then those reports shall satisfy the requirements of that subparagraph. c. FP shall provide AUTHORITY a copy of is annual report with audited financial statements within thirty (30) days after it is completed. d. FP shall maintain records of funds received and disbursed, correspondence, loan applications, loans funded, promissory notes, security instruments, and such other records as may be required by AUTHORITY's funding sources for the duration of this Agreement, and for such longer time as may be required by a funding source. In no event shall such records be destroyed or discarded prior to their being tendered to AUTHORITY upon the termination of this Agreement or as may be agreed otherwise, in writing, between parties. AUTHORITY, its funding sources, and, if applicable, state and federal auditors, shall have access to those records, with or without notice, in accordance with the grants, contracts and other agreements and in accordance with laws, rules and regulations applicable to them. 12. TERMINATION. a. Termination for Cause by AUTHORITY. If, for any reason, FP shall fail to substantially perform the work required by the Scope of Services under this Agreement or fails to ensure the performance of, by legal means if necessary, the work called for herein with such Page 3 Funding Partners for Housing Solutions, Inc. 03/04/2013 cry , diligence as will ensure its completion, or materially fails to comply with any of the terms, conditions, or other provisions of this Agreement which shall constitute a violation or breach of this Agreement, and shall fail to cure the default within fifteen (15) days following written notice thereof by AUTHORITY, AUTHORITY may terminate this Agreement by giving written notice to FP. In addition to the other remedies available to it, in the event AUTHORITY terminates this Agreement due to FP's failure to cure any default as provided hereinabove or due to FP's breach or violation of any covenant, agreement or assurance herein, AUTHORITY retains the right and may, at its option, make written demand for repayment of, and FP shall immediately upon receipt of such written demand of AUTHORITY, repay all sums received by FP from AUTHORITY under this Agreement as of the date of said demand, net of loan disbursements pursuant to this Agreement, plus interest thereon at a rate equal to the rate established by the funding sources plus reasonable expenses incurred by AUTHORITY, including reasonable attorney's fees incurred in recovering said sums. If AUTHORITY does not prevail, FP is entitled to recover its attorney's fees. b. Termination for Cause by FP. If, for any reason, AUTHORITY shall fail to substantially perform the work required of it by this Agreement, or fails to ensure the performance of, by legal means if necessary, the work called for herein with such diligence as will ensure its completion, or materially fails to comply with any of the terms, conditions, or other provisions of this Agreement which shall constitute a violation or breach of this Agreement, and shall fail to cure the default within fifteen (15) days following written notice thereof by FP, FP may terminate this Agreement by giving written notice to AUTHORITY. In addition to the other remedies available to it, in the event FP terminates this Agreement due to AUTHORITY's failure to cure any default as provided hereinabove or due to AUTHORITY's breach or violation of any covenant, agreement or assurance herein, FP is entitled to recover all expenses incurred by it as a result of the violation, including reasonable attorney's fees incurred in enforcing its rights under this Agreement. If FP does not prevail, AUTHORITY is entitled to recover its attorney's fees. c. Termination for the Convenience of AUTHORITY. This Agreement may be terminated by AUTHORITY at any such time in advance of the end of the Period of Performance. AUTHORITY shall give FP written notice of any such termination at least sixty (60) days in advance of the effective date thereof and shall state in the notice the reason or reasons for the termination and the effective date of termination. FP shall be entitled to receive payment for the documented direct and incidental termination expenses due to the termination as are mutually agreed. Such payment shall not exceed $2,000. d. Termination for the Convenience of FP. FP may terminate this Agreement at any time in advance of the end of the Period of Performance. FP shall give AUTHORITY written notice of any such termination at least sixty (60) days in advance of the effective date thereof and shall state in the notice the reason or reasons for the termination and the effective date of termination. FP shall neither be paid nor be considered eligible for payment of termination expenses, incidental, direct or consequential costs or damages or loss of profits due to the termination. e. Records. Upon any termination of this Agreement in advance of its expiration date, undelivered documents, maps, models, photographs, reports or copies thereof prepared by FP or its subcontractors for use in performance under this Agreement, shall be delivered immediately to AUTHORITY in their state of preparation at the time of termination subject to the provisions of any termination agreement or order providing otherwise. FP shall also immediately notify AUTHORITY of all subcontracts, purchase orders, pending loans or other commitments of FP which shall be outstanding on the termination date and shall take such action with respect thereto as the parties hereto shall mutually determine. No termination hereunder shall relieve FP of its responsibilities to maintain Scope of Services records in accordance with this Agreement. f. Reversion of Funds. Upon termination of this Agreement, FP shall transfer to AUTHORITY all funds, notes, accounts receivable, and deeds of trust attributable to the Programs on hand at the time of termination. g. Close -outs. FP obligations to AUTHORITY shall not end until all close -out requirements are completed. Activities during this close -out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials or equipment that is the property of AUTHORITY, unspent cash advances, notes, deeds of trust, security, program income balances, copies of transferred records, and receivable accounts to AUTHORITY upon close -out or upon AUTHORITY's request), and determining the custodianship of records. 13. AMENDMENTS. a. Either party to this Agreement may request Amendments to this Agreement at any time, but no change shall be binding unless it is mutually agreed upon by both parties to this Agreement. All Amendments shall be in writing and authorized prior to any work being done thereon by an executed amendment to this Agreement. This paragraph notwithstanding, additions to Exhibit 2 may be made in accordance with Paragraph 1 hereof. b. Any change in or new federal, state or local law, rule, Executive Order, Office of Management & Budget Circular, or regulation under which this Scope of Services is to be performed which may constitutionally applied to this Scope of Services and which, by its terms, is intended to be applied to this Scope of Services, shall be deemed to be incorporated into this Agreement. Page 4 Funding Partners for Housing Solutions, Inc. 03/04/2013 14. INTEGRATED DOCUMENT. This Agreement including all exhibits embodies the entire understanding between AUTHORITY and FP for the Scope of Services and their terms and conditions. No verbal agreements or conversation with any officer, agent or employee of AUTHORITY or FP prior to or subsequent to the execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. 15. NON - ASSIGNABILITY. FP may subcontract the performance under this Agreement in whole or in part; however, the responsibility for the performance of this Agreement shall not be assigned or transferred by FP without the prior written consent of AUTHORITY, which AUTHORITY may grant or withhold in its sole discretion. 16. SUCCESSORS. FP covenants that the provisions of this Agreement shall be binding upon its heirs, successors, subcontractors, representatives and agents. 17. INCORPORATION BY REFERENCE. All of the parts of this Agreement and those which may become properly appended hereto, and all applicable federal, state and local laws, rules, regulations, circulars, Executive Orders pertaining to the Community Development Block Grant Program and this Scope of Services, and any other document referenced for incorporation are incorporated herein by this reference. 18. SEVERABILITY CLAUSE. The declaration by any court or other binding legal authority that any provision of this contract is illegal and void shall not affect the legality and enforceability of any other provision of this contract unless said provisions are mutually dependent. 19. PUBLIC DISCLOSURE. Parties acknowledge that certain terms and conditions, as shown within this contract, may be subject to public disclosure requirements and as such may be disclosed to the public through various means. This is required pursuant to certain rules, regulations and statutes to which FP is, or may be, subject in accordance to FP's legal organization under IRS Code 501(c)(3). 4.1 20. BUDGET AND APPROPRIATION. Notwithstanding anything to the contrary contained in this Agreement, no charges shall be made to the Authority nor shall any payment be made to the Authority in excess of the amount for any services done without the written approval in accordance with a budget adopted by its Board in accordance with provisions of the Colorado Revised Statutes. Moreover, the parties agree that the Authority is a governmental entity and that all obligations beyond the current fiscal year are subject to funds being budgeted and appropriated. IN WITNESS WHEREOF, the parties have caused this agreement to be duly executed on this ai (� th day of ✓lam✓',. 20-L3L. 0 FUNDING PARTNERS FOR FUSING SOLUTIONS, INC. A Colo do Not - for -Profit Corporation: By z e ow — Executive Director EAGLE COUNTY HOUSING AND DEVELOMENT AUTHORITY M 0 Jon Stavney, Page 5 Funding Partners for Housing Solutions, Inc. 03/04/2013 EXHIBIT 1 SCOPE OF SERVICES A. AUTHORITY shall adopt all elements of the Programs and assume a leadership role to inform the public, lenders, realtors and other constituents of the availability and general guidelines of the Down Payment Assistance Programs ( "Programs "), whereas FP shall administer all functional aspects of the Programs, performing all those acts reasonably necessary to fund Down Payment Assistance Program loans. This includes, but is not limited to: FP will receive funds from AUTHORITY for use in the Programs. FP will exercise reasonable diligence to safeguard such funds from loss or misuse, preserving those funds for the implementation of these Programs. FP may, though shall not be required, to maintain a separate loan fund, but FP shall be required to account for all monies received from or held for the benefit of AUTHORITY. AUTHORITY's funding sources for the Programs include or may include grants and loans from the federal government, State of Colorado, Colorado Housing & Finance Authority ( "CHFA "), local governments and agencies thereof and Authorities created under their auspices, as well as private contributions. The laws, rules and regulations applicable to, and the terms and conditions of, these respective sources of funds differ. FP therefore must account for the funds received from each of these respective sources of funds separately. AUTHORITY shall be responsible for informing FP as to the origin and identity of all funds upon delivery to FP. Loans originated and funded under these Programs may be attributable to more than one source, as permitted under the agreement between AUTHORITY and applicable funding sources and terms of the Programs loan are compatible with the underlying funding source(s). When it has sufficient funds from multiple sources to fund any given Programs loan, FP shall select the source in the order specified by AUTHORITY. If sufficient funds are available and AUTHORITY has not otherwise limited participation, loan applicants may select from available Program loan term offerings, subject to applicant qualifications, compatibility with other financing sources and individual preference. AUTHORITY will deliver monies for the Programs to FP as needed for the Programs. As available capital allows, FP shall fund individual loan closings under the Programs and seek reimbursement from AUTHORITY upon presentation of payment request and supporting documentation to evidence the existence of such Program loans. FP acknowledges that AUTHORITY ordinarily requires thirty (30) days' notice to process and deliver funds to FP. If sufficient FP capital is not available to fund loans, FP shall coordinate loan funding with AUTHORITY and applicable source of Program funds to insure timely performance under terms of the real estate sales contract. FP will receive, review and accept or reject loan applications from, or on behalf of, prospective borrowers in the Programs, utilizing the Program Criteria adopted by AUTHORITY. The Program Criteria are attached hereto as Exhibit 3 and incorporated herein by reference. The Program Criteria may be changed from time -to -time by AUTHORITY, in its sole discretion, by written notice of such change to FP, with any such change applied to loan applications which have not been accepted by FP as of the date such changes are received by FP, or the effective date stated in the notice, if any. If an application is accepted, FP shall prepare all of the documents necessary to manifest the loan, the AUTHORITY's security interest, the conformance of the loan to the respective Program, and compliance with all applicable laws, rules and regulations, in addition to conformance with'terms and conditions of the underlying funding source of the loan. FP shall coordinate with primary mortgage lenders to facilitate the origination of loans under these Programs. FP shall assist AUTHORITY with lender education regarding the criteria for these Programs, though AUTHORITY shall retain responsibility for such education. FP may elect to delegate its documentation and loan document presentation responsibilities to the primary lender or other sufficiently qualified party in the purchase transaction, though such delegation shall not relieve FP of the responsibility to AUTHORITY for proper documentation and final presentation. FP shall invoice borrowers periodically, when applicable, according to the terms of the loan agreement, receive payments, record transactions, deposit payments for the benefit of AUTHORITY, and perform all necessary accounting functions for such activities as may be required by AUTHORITY or underlying funding sources, when appropriate. FP shall process the cancellation of evidence of indebtedness and release of security interest as loans are fully satisfied. FP shall inform the AUTHORITY of a borrower's default or suspected default of any term or condition of the loan agreement, though AUTHORITY will assume full responsibility for exercising remedies of default as specified in the loan and security instrument, including foreclosure or treatment under bankruptcy proceedings of the borrower. B. FP shall prepare those periodic reports as are required by respective funding sources, and deliver copies directly to AUTHORITY. Page 6 C J Funding Partners for Housing Solutions, Inc. 03/04/2013 C. All funds held for the benefit of AUTHORITY shall be held in interest - bearing account determined by FP. FP shall notify AUTHORITY of the institution(s) and the respective account identification(s). AUTHORITY retains the right to approve such institutions, approval for which shall not be unreasonably withheld. In the event the AUTHORITY should become dissatisfied with a depository institution for any reason, AUTHORITY shall notify FP in writing and FP shall transfer all funds to an approved institution within thirty (30) calendar days of such notice. D. FP shall retain sole responsibility for determining eligibility of loan applicants under prevailing Program Criteria of those Programs covered under this Agreement. Whenever FP denies an application, FP shall deliver written notice ( "Notice of Credit Denial"), specifying the reasons for denial and source(s) of any adverse verification, if applicable, to the applicant and AUTHORITY within three (3) business days of such determination. Prior to issuance of a Notice of Credit Denial, FP shall deliver to AUTHORITY a loan Qualification Worksheet that demonstrates all relevant application detail and reasons for denial. AUTHORITY reserves the right to accept FP determination or approve any such application request through internal policy and procedure and advise FP of such final credit determination. FP shall abide by any decision rendered by AUTHORITY and accept the application as compliant to the Program Criteria. Except giving Notice of Credit Denial, FP shall assume no responsibility with respect to AUTHORITY loan approval or borrower appeal where any appeal process shall be determined solely by AUTHORITY. E. FP shall execute, as loan servicing agent for AUTHORITY, security instruments, releases, conveyances, and such other documents as are reasonably necessary to document, enforce and release loans and the security therefore, subject to the limitations and conditions of, and only to the extent authorized to do so by, where evidence of such power is demonstrated by the agreement herein. Page 7 Funding Partners for Housing Solutions, Inc. 03/04/2013 EXHIBIT 2 Grant Contract between the AUTHORITY and the Colorado Department of Local Affairs Page 8 Funding Partners for Housing Solutions, Inc. 03/04/2013 EXHIBIT 3 PROGRAM CRITERIA Attachments to this Exhibit include: Loan Policies & Procedures Manual Page 9 Funding Partners for Housing Solutions, Inc. 03/04/2013 EXHIBIT 4 OMB CIRCULAR A -110 http://www.whitehouse.gov/omb/circulars/alIO/allO.html Page 10 Funding Partners for Housing Solutions, Inc. 03/04/2013 EXHIBIT 5 OMB CIRCULAR A -122 http://www.whitehouse.gov/omb/circulars/al22/al22-2004.pdf Page 11 Funding Partners for Housing Solutions, Inc. 03/04/2013 EXHIBIT 6 OMB CIRCULAR 1 -133 http: / /www.whitehouse.gov /omb /circulars /al33 /al33.pdf http: / /www.whitehouse.gov/ goodbye /994d4l68eadO937el l473dc94O6Od968d8da7la3 .html http: / /www.whitehouse.gov /omb /circulars /a133 compliance /04 /04toc.html Page 12 Funding Partners for Housing Solutions, Inc. 03/04/2013 EXHIBIT 7 FP LOAN FEE SCHEDULE All loan fees are one -time assessments collected at the time of loan settlement. Fees may be paid by the borrower, the loan service client, a third -party or combination thereof. EHOP Base loan fee is $350, though subject to periodic servicing surcharge, as described below. Contract Loans Products targeted to borrowers at or below 80% AMI to be assessed a fee equal to $300, though subject to a periodic servicing surcharge, as described below. Products targeted to borrowers above 80% AMI to be assessed a fee equal to $350, though subject to a periodic servicing surcharge, as described below. Periodic Servicing Assistance loans that carry a payment deferral provision at least 5 years from the date of origination will not be subject to a servicing surcharge. EHOP loans will typically fall under this definition unless a predetermined amortization schedule has been incorporated into the offering. Assistance loans that require periodic servicing commencing prior to the 5th anniversary are subject to a $50 surcharge assessed at the time of loan settlement. Accounts Receivable To facilitate efficiencies, FP typically funds residential assistance program loans at closing, submitting a detailed invoice for payment upon close of business at month end. Any balance shown on month end statements as 31+ days past due will accrue a finance charge equal to 4.50% of the amount(s) shown until paid in full. Finance charges will be itemized and included within the total balance due. Page 13 Funding Partners for Housing Solutions, Inc. 03/04/2013 y